Robinson v. Tri-County Metropolitan Transportation District

This case requires that we revisit the insurer’s exemption under ORS 742.061(3) from the insured’s attorney fees when the insured has rejected the insurer’s timely offer to arbitrate the claim. Plaintiff appeals a judgment awarding her uninsured motorist benefits but denying her recovery of attorney fees. The trial court denied her recovery of fees because it concluded that, under ORS 742.061(3), defendant Tri-County Metropolitan Transportation District (Tri-Met) satisfied the exemption from plaintiffs attorney fees, which is available when, in writing, an insurer accepts coverage, offers to…